HomeMy WebLinkAboutRES NO 261-07
RESOLUTION NO.
261':0.7
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
05-1420, AN AMENDMENT TO THE LAND USE ELEMENT OF HE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA
(RESOURCE - INTENSIVE AGRICULTURE) TO LR (LOW
DENSITY RESIDENTIAL) ON 235 ACRES AND R-IA TO LMR
(LOW MEDIUM DENSITY RESIDENTIAL) ON 78 ACRES,
LOCATED BY STATE ROUTE 119 (SR-119) (TAFT HIGHWAY) ON
THE NORTH, CURNOW ROAD TO THE SOUTH, OLD RIVER
ROAD TO THE EAST AND BUENA VISTA ROAD TO THE WEST.
WHEREAS, Bakersfield-Taft, LLC filed an application requesting a General Plan Amendment to
change the land use designations of certain property within the City of Bakersfield as hereinafter
described; and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, September
17, 2007, and THURSDAY, September 20, 2007, on General Plan Amendment 05-1420 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of
the time and place of hearing having been given at least twenty (20) calendar days before said hearing
by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment 05-1420, an amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment 05-1420:
Bakersfield-Taft, LLC, has applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan from R-IA (Resource - Intensive Agriculture) to LR (Low
Density Residential) on 235 acres and R-IA to LMR (Low Medium Density Residential)
on 78 acres; and
WHEREAS, for the above described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agriculture Element of the Metropolitan
Bakersfie/d General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following:
1) Soil Qualitv
The soil types prevalent on the proposed site are listed in the unpublished Soil Survey of Kern
County, California, Southwestern Part (United States Department of Agriculture, Soil
Conservation Service). Based on the draft soil survey, the project site include soil types 127 ~p..K~'9
(Cajon sandy loam, overblown, 0-2 percent slopes) and 174 (Kimberlina fine sandy loam, deep, cJ ~
drained, 0-2 percent slopes). Soil types 127 and 174 meet the requirements for prime farmland>- '. n
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if water for irrigation is available.
2) Availabilitv of irriaation water
Irrigation water is currently available to the site from an agricultural well.
3) Proximitv to non-aaricultural uses
Properties along the north and east sides of the project site are designated and zoned for
residential uses; the remaining surrounding properties are designated and zoned for agricultural
use. The South Beltway alignment is present to the south of the project site.
4) Proximitv to intensive oarcelization
Substantial residential and commercial developments exist to the north of the project site.
5) Effect on orooerties subiect to "Williamson Act" land use contracts
227 acres of the project are under Williamson Act land use contract; however, a notice of non-
renewal has been filed with Kern County. Due to the extent of existing, planned and proposed
urban development in close proximity to the site, the proposal does not have the potential to
have a significant adverse effect upon properties subject to Williamson Act land use contracts.
6) Abilitv to be orovided with urban services (sewer. water. roads. etc.)
The site is accessible by existing City and County maintained roads, i.e. Taft Highway or Buena
Vista Road. Municipal sewer and water service are expected to be taken from Taft Highway or
Buena Vista Road.
7) Abilitv to affect the aoolication of aaricultural chemicals on nearbv aaricultural
orooerties
The proposal's level of impact to nearby agricultural properties is less than significant due to the
restrictions and limitations on the use of agricultural chemicals that will result from other planned
and approved residential developments in the immediate vicinity.
8) Abilitv to create a orecedent-settina situation that leads to the oremature conversion of
orime aariculturallands
The conversion of a substantial amount of prime agricultural land to urban development has
been occurring in recent years in the vicinity of the project site, and additional urban
development is planned and proposed in the area. Therefore, the proposal would not set a
precedent in this regard.
9) Demonstrated oroiect need
Based upon the close proximity of the project site to other urbanizing lands, the proposal is
considered a logical step in the orderly development of the City of Bakersfield. Urbanization of
the site would allow for the incremental expansion of the infrastructure and public services that
are being constructed and provided in the surrounding area and would help to meet the need for
housing to accommodate the projected population growth in the Metropolitan Bakersfield
General Plan area. I\.K r-
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10) Necessitv of buffers such as lower densities. setbacks. etc
Properties along the west side, north side, and east of the project site are designated and zoned
for agricultural uses. The remaining surrounding properties are designated and zoned for
residential land uses. Any contiguous properties designated or zoned for agricultural uses will
require the necessary buffers to be applied during the Tentative Tract Map process.
WHEREAS, the applicant and property owner has indicated the purpose of the request is to
develop a single-family residential development within the City of Bakersfield; and
WHEREAS, the project site lies within a path of development with approved urban development
projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 179-07, adopted on September 20, 2007 and
October 4, 2007:
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and
the Planning Commission; and
2. All required notices have been given; and
3. The provisions of CEQA have been followed; and
4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An Environmental
Impact Report was prepared for the project in accordance with CEQA; and
5. The amendment to the General Plan Land Use Element from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential) on 235 acres and R-IA to LMR (Low
Medium Density Residential) on 78 acres is consistent with the Metropolitan Bakersfield
General Plan.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3. That General Plan Amendment No. 05-1420 to the Land Use Element is hereby
approved from as recommended by the Planning Commission and shown on the "Land
Use Amendment Map" in Exhibit "A," subject to the "Mitigation/Conditions of Approval"
for the project as shown in Exhibit liB" and "Mitigation Monitoring and Reporting Program"
adopted in the Final Environmental Impact Report as shown in Exhibit "E".
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4. Attached Exhibit "C" containing the "Statement of Facts, Findings, and Mitigation
Measures" are appropriate and incorporated into the project.
5. Attached Exhibit "D" containing the "Statement of Overriding Considerations" related to
significant unavoidable traffic (cumulative) and aesthetic (cumulative) impacts is
appropriate and adopted for the project.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on NOV? ~ 2001
by the following vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
V' ,/".../ ,,/...-/..--
CAR~AM. WEIR.~. HANSON. SULLIVAN. SCRIVNER
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PAMELA A. McCART MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~ In-~,
EXHIBIT A General Plan Amendment Location Map
B Mitigation/Conditions of Approval
C Statement of Facts, Findings, and Mitigation Measures
D Statement of Overriding Considerations
E Mitigation Monitoring and Reporting Program
JS - S:\GPA 3rd 2007\05-1420 (Bakersfield-Taft EIR)\Resolutions\CC GPA.doc
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Exhibit A
General Plan Amendment Map
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EXHIBIT B
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1420
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT:
Aesthetics
1. With submittal of tentative tract map application, the developer shall identify the temporary
construction equipment staging areas within the project site through the duration of construction.
Appropriate screening (e.g., temporary opaque fencing [6 feet in height]) shall be used to buffer
views of equipment and material. Staging locations shall be located as far as practicable from
existing residential development and are subject to review and approval of the City Planning
Department. Mitigation for potentially significant aesthetics (light and glare) impacts.
2. Prior to development, the Project Contractor shall ensure that all mechanical and electrical
equipment to be installed on the structure or on the ground is adequately screened from public
view. The screening shall be considered as an element of the overall design and shall blend
with the architectural design of the building and or landscaping, as appropriate. Construction
plans for the buildings shall indicate any fixtures or equipment to be located on the roof of the
respective structure, equipment types, and design of the screening material. The method of
screening shall be reviewed and approved by the City Planning Department. Mitigation for
potentially significant aesthetics (light and glare) impacts.
3. Prior to development, the Project Applicant shall ensure that the Project's exterior lighting does
not spill over onto adjacent uses, all exterior light fixtures, including street lighting, shall be
shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and
requirements of the City of Bakersfield Municipal Code and Zoning Code. Mitigation for
potentially significant aesthetics (light and glare) impacts.
Aaricultural Resources
4. The following was a design feature of the project which addresses agricultural impacts. The
basis for the following measure is found on page 5.2-13 of the Final EIR. Staff is bringing the
following mitigation measure forward at the insistence of the applicant to insure the measure is
not overlooked.
The applicant shall mitigate loss of 227 acres of agricultural lands, on a one-to-one basis, by
selecting one or more of the items described below. The applicant shall submit written
verification of the applicant's compliance with this mitigation measure to the Planning Director's
satisfaction at the time of recordation of final tract maps and parcel maps for urban development
or support facilities as contemplated in the Bakersfield-Taft Project. Compliance with this
condition may be phased as the project is developed. The amount of agricultural land to be
mitigated shall be equal to the amount of land being developed as each phase is developed.
. Funding and/or purchase of agricultural conservation easements. Such easements shall
be accepted or purchased and monitored and enforced by a land trust or another
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
appropriate entity. Funds may be used for easement purchases, ongoing monitoring and
enforcement, transaction costs, and reasonable administrative costs.
· Contribution of agricultural land or equivalent funding to an organization that provides for
the preservation of farmland in California. Funds may be used for purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
. Purchase of credits from an established agricultural farmland mitigation bank approved
by applicable governmental authority.
. During the life of the project, if the City of Bakersfield or other responsible agency adopts
an agricultural land mitigation program that provides equal or more effective mitigation
than measures listed above, the applicant may choose to participate in that alternate
program to mitigate loss of agricultural land impacts. Prior to participation in the alternate
program, the applicant shall obtain written approval from the City of Bakersfield agreeing
to the participation, and the applicant shall submit written verification of compliance with
the alternate program at the same time described above in the first paragraph.
Agricultural land used for mitigation shall be of at least equal agricultural classification as the land
being converted or be capable of being developed as such; that is, mitigation land shall be
classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as
established by the California Department of Conservation in the Farmland Mapping and
Monitoring Program), the mitigation acreage being at least equivalent in classification to the
converted land, or being capable of producing the same or equivalent crops as the land being
converted.
Completion of the selected mitigation measure, or with the Planning Director's approval, a
combination of the selected mitigation measures, can be on qualifying agricultural land within the
San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or
outside the San Joaquin Valley with written evidence that the same or equivalent crops can be
produced on the mitigation land.
5. Prior to approval of the Final Cancellation of the Williamson Act contracts, the City Council must
review and certify the Final Environmental Impact Report. In addition, the following conditions
and contingencies shall be satisfied upon approval of the Final Cancellation. All applicable
conditions of cancellation of contracts must be satisfied within one year of the date of recording of
the Certificate of Final Cancellation. Conditions and contingencies include:
. Upon approval, a Certificate of Cancellation must be recorded with the County
Recorder;
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
. Upon approval, payment of 12.5 percent of the assessed value for those parcels where
a cancellation has occurred. If the fee is not paid within one year from the date of the
recording of the Final Cancellation, the fee shall be recomputed; and
. Obtain all approvals necessary. Mitigation for potentially significant agricultural impacts.
6. Prior to, or simultaneous with seeking approval of the tentative cancellation, the Applicant shall
process an exclusion from Agricultural Preserve 10 (Kern County Agricultural Preserve Map
142). Mitigation for potentially significant agricultural impacts.
7. Prior to issuance of occupancy permits, the Applicant shall inform future residents about
adjacent agricultural use through a recorded covenant filed on the project site (disclosed to
residents through the purchase process), or through disclosure forms that shall be signed by
new residents. The disclosure forms shall indicate that the resident acknowledges that the
surrounding land uses consist of agriculture and that agriculture use includes activities such as
pesticide use, dust generation from plowing, and slow-moving agricultural vehicles.
Each future project proposed within the City is subject to environmental review under the
California Environmental Quality Act (CEQA) and must show compliance with the goals and
policies of the General Plan. No additional measures are available to address the cumulative
loss of farmland. Mitigation for potentially significant agricultural impacts.
8. Future subdivision maps. filed within the project shall comply with the development standards
outlined in Chapter 17 (Zoning) and 16 (Subdivisions) of the City of Bakersfield Municipal Code.
Mitigation for potentially significant agricultural impacts.
Air Qualitv
9. Prior to issuance of grading permits, the developer of each future tract map shall prepare and
submit a dust control plan. The plan shall be prepared consistent with District Regulation VIII
and must be reviewed and approved by the SJVAPCD prior to the commencement of grading
activities. The dust control measures selected shall be incorporated as a note on each grading
plan.
Measures to be used may include, but are not limited to, the following:
. A 6-foot-high dust fence shall. surround the construction site during primary grading
activities. Mitigation for potentially significant air quality impacts.
. All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water, chemical
stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground
cover. Mitigation for potentially significant air quality impacts.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Cond itions of Approval
· All on-site paved roads with off-site unpaved access roads shall be effective stabilized of
dust emissions using water or chemical stabilizer/suppressant. Mitigation for potentially
significant air quality impacts.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking. Mitigation for potentially significant air quality
impacts.
· When material are transported off site, all material shall be covered or effectively wetted to
limit visible dust emissions, and at least 6 inches of freeboard space from the top of the
container shall be maintained. Mitigation for potentially significant air quality impacts.
. All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at the end of each workday. (The use of dry rotary brushed is
expressly prohibited, except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly forbidden). Mitigation for
potentially significant air quality impacts.
. Following the addition of materials to, or the removal materials from, the surface of outdoor
storage pile, said piles shall be effectively stabilized of fugitive dust emissions utilizing
sufficient water or chemical stabilizer/suppressant. Mitigation for potentially significant air
quality impacts.
. Within urban areas, track out shall be immediately removed whenever it extends 50 or more
feet from the site and at the end of workday. Mitigation for potentially significant air quality
impacts.
. Any site with 150 or more vehicle trips per day shall prevent carryout and track out.
Mitigation for potentially significant air quality impacts.
. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of
cutback, slow-cure, and emulsifies asphalt paving materials. Mitigation for potentially
significant air quality impacts.
. Cease grading activities during periods of high winds (greater than 20 miles per hour (mph)
over a one-hour period). Mitigation for potentially significant air quality impacts.
. Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the
construction site. Mitigation for potentially significant air quality impacts.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
Implement, carryout, and track out mitigation measures, such as gravel pads, in accordance
with the requirements of the SJVAPCD Regulation VIII.
10. Prior to issuance of a building permit, the applicant for each future tract map shall enter into an
Air Quality Mitigation Agreement with the SJVAPCD that will provide emission reductions
sufficient to fully mitigate the ROG and NOX emissions associated with the development to O. A
copy of the signed agreement shall be submitted to the Public Works Department for review and
approval. Mitigation for potentially significant air quality impacts.
Biolocical Resources
11. Special-Status and Common Birds, including Tri-colored and Yellow-headed blackbirds:
The applicant shall have pre-disturbance surveys conducted by a qualified biologist (e.g.,
experienced with the nesting behavior of bird species of the region) within 30 days of ground
disturbance activities associated with construction or grading that would occur during the
nesting/breeding season of native bird species potentially nesting on the site (typically February
through September in the project region). The intent of the surveys would be to determine if
active nests of bird species protected by the MBT A and/or the California Fish and Game Code
are present in the construction zone or within 300 feet (500 feet for raptors) of the construction
zone. The surveys shall be timed such that the last survey is concluded no more than one week
prior to initiation of clearance/construction work. If ground disturbance activities are delayed,
then additional pre-disturbance surveys will be conducted such that no more than one week will
have elapsed between the last survey and the commencement of ground disturbance activities.
If active nests are found, clearing and construction within 300 feet of the nest (500 feet for
raptors), or at a distance deemed sufficient by the qualified biologist, shall be postponed or
halted until the nest is vacated, juveniles have fledged, and there is no evidence of a
subsequent attempt at nesting. Limits of construction to avoid an active nest shall be
established in the field with flagging, fencing, or other appropriate barrier and construction
personnel shall be instructed on the sensitivity of nest areas. The biologist shall serve as a
construction monitor during those periods when construction activities will occur near active nest
areas to ensure that no inadvertent impacts on these nests occur. The results of the survey, and
any avoidance measures taken, shall be submitted to the City of Bakersfield and CDFG within
30 days of completion of the pre-disturbance surveys and/or construction monitoring to
document compliance with applicable state and federal laws pertaining to the protection of
native birds. Mitigation for potentially significant biological impacts.
12. Burrowing Owls: The applicant shall retain a qualified biologist to conduct pre-disturbance
burrowing owl surveys on the project site prior to construction or site preparation activities. The
survey shall be conducted no more than 30 days prior to commencement of construction
activities. Occupied burrows should not be disturbed during the nesting season (February 1
through August 31) unless a qualified biologist verifies through non-invasive methods that either
(1) the birds have not begun egglaying and incubation; or (2) that juveniles from the occupied
burrows are foraging independently and are capable of independent survival. If burrowing owls
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
are observed using burrows during the surveys, owls shall be excluded from all active burrows
through the use of exclusion devices placed in occupied burrows in accordance with CDFG
protocols (CDFG 1995). In such case, exclusion devices shall not be placed until the young
have fledged, as determined by a qualified biologist and found to be no longer dependent upon
the burrow. Specifically, exclusion devices, utilizing one-way doors, shall be installed in the
entrance of all active burrows. The devices shall be left in the burrows for at least 48 hours to
ensure that all owls have been excluded from the burrows. Each of the burrows shall then be
excavated by hand and backfilled to prevent reoccupation. Exclusion shall continue until the
owls have been successfully excluded from the site, as determined by a qualified biologist.
Mitigation for potentially significant biological impacts.
13. San Joaquin Kit Fox: The applicant shall have conducted, by a qualified biologist, pre-
disturbance surveys for the kit fox. These pre-disturbance surveys shall be conducted no less
than 14 days and no more than 30 days prior to any construction-related activities. The primary
objective is to identify kit fox habitat features (potential dens and refugia) on the project site and
within a 200-foot buffer zone, and evaluate them sufficiently to ascertain if a kit fox is using
them. If an active kit fox den is detected within the area of work or the 200-foot buffer zone, the
CDFG and USFWS will be contacted immediately to determine the best course of action. If no
kit fox activity is detected, the work shall continue as planned and a brief written report will be
submitted to the CDFG and USFWS within five days of completion of the surveys.
While kit foxes are not expected to access the site during development, the applicant shall, as a
precautionary measure, follow the "Standardized Recommendations for Protection of the San
Joaquin Kit Fox Prior to or During Ground Disturbance" developed by the USFWS (1-999). The
measures that follow have been taken from USFWS (1999) and shall be implemented for this
project.
. . Project-related vehicles shall observe a 20-mph speed limit in all project areas, except on
County roads and state and federal highways; this is particularly important at night when kit
foxes are most active. Nighttime construction shall be minimized. Off-road traffic outside of
designated project areas shall be prohibited. Mitigation for potentially significant biological
impacts.
. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe
becoming trapped or injured. All construction pipes, culverts, or similar structures with a
diameter of 4 inches or greater that are stored at a construction site for one or more
overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently
buried, capped, or otherwise used or moved in anyway. If a kit fox is discovered inside a
pipe, that section of pipe shall not be moved until the USFWS has been consulted. If
necessary, and under the direct supervision of the biologist, the pipe may be moved once to
remove it from the path of construction activity, until the fox has escaped. Mitigation for
potentially significant biological impacts.
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Exhibit 8
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
· All food-related trash items such as wrappers, cans, bottles, and food scraps shall be
disposed of in closed containers and removed at least once a week from a construction or
project site. Use of rodenticides and herbicides in project areas shall be restricted. This is
necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey
populations on which they depend. All uses of such compounds shall observe label and
other restrictions mandated by the U.S. Environmental Protection Agency, California
Department of Food and Agriculture, and other state and federal legislation, as well as
additional project-related restrictions deemed necessary by the USFWS. If rodent control
must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox.
Mitigation for potentially significant biological impacts.
. A representative shall be appointed by the project proponent who will be the contact source
for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a
dead, injured or entrapped individual. The representative's name and telephone number
shall be provided to the USFWS. Mitigation for potentially significant biological impacts.
. In the case of trapped animals, escape ramps or structures shall be installed immediately to
allow the animal(s) to escape, or the USFWS should be contacted for advice. Mitigation for
potentially significant biological impacts.
. Any contractor or employee(s) who inadvertently kills or injures a San Joaquin kit fox shall
immediately report the incident to their representative. The representative shall contact the
CDFG immediately in the case of a dead, injured, or entrapped kit fox. The CDFG contact
for immediate assistance is State Dispatch at (916) 445- 0045. They will contact the local
warden or biologist. Mitigation for potentially significant biological impacts.
. The Sacramento Fish and Wildlife Office and CDFG will be notified in writing within three
working days of the accidental death or injury to a San Joaquin kit fox during project related
activities. Notification must include the date, time, and location of the incident or of the
finding of a dead or injured animal and any other pertinent information. The USFWS contact
is the Chief of the Division of Endangered Species, 2800 Cottage Way, Suite W2605,
Sacramento, CA 95825-1846, (916) 414- 6620. Mitigation for potentially significant
biological impacts.
14. If any previously unidentified protected species that is not addressed in the MBHCP is found to
be present, avoid the species and have it evaluated by a qualified biologist. Notify the USFWS
and CDFG of any previously unreported protected species. Any take of protected wildlife shall
be reported immediately to USFWS and CDFG. Mitigation for potentially significant biological
impacts.
15. The project is located within the MBHCP coverage area and is required to pay Habitat Mitigation
Impact Fees to offset incidental take of wildlife species and the impact on species habitat. The
mitigation fees are paid into a trust as described in the MBHCP for the acquisition and/or
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
enhancement of natural lands and restorable lands for purposes of creating preserves.
Currently, the mitigation fee is calculated at approximately $1,250.00 per gross acres.
Mitigation for potentially significant biological impacts.
16. During construction activities, waste and recycling receptacles that discourage foraging by
wildlife species adapted to urban environments shall be installed in common areas throughout
the project site. Mitigation for potentially significant biological impacts.
Cultural Resources
17. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. All work shall stop at the
location of the find, and the Kern County Coroner shall be notified immediately (Section 7050.5
of the California Health and Safety Code and Section 5097.98 of the California Public
Resources Code, which details the appropriate actions necessary for addressing the remains)
and a qualified archaeologist shall be notified immediately. Mitigation for potentially significant
cultural impacts.
18. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e., archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the
regulatory protections afforded to those resources. The personnel shall be informed of
procedures relating to the discovery of archaeological remains during grading activities and
cautioned to avoid archaeological finds with equipment and not collect artifacts. The
applicant/developer of the project site shall submit documentation to the Planning Department
that they have met this requirement prior to commencement of ground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
individual(s) that conducted the training, a description of the training, and a list of names of
those who were trained. Should cultural remains be uncovered, the on-site supervisor shall
immediately notify a qualified archaeologist. Mitigation for potentially significant cultural
impacts.
Hazards and Hazardous Materials
19. The applicant shall remediate oil-contaminated soils to the satisfaction of the Local Unified
Program Agency (the Office of Environmental Services of the Bakersfield City Fire Department)
in conjunction with the State Regional Water Quality Control Board and/or the California
Department of Toxic Substances Control. Methods to mitigate the soil may include, but are not
limited to the following:
. Excavation and disposal at a permitted, off-site facility; Mitigation for potentially significant
hazards and hazardous materials impacts.
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OR!G!NAL
Exhibit 8
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
· On-site treatment; or Mitigation for potentially significant hazards and hazardous materials
impacts.
· Other measures as appropriate. Mitigation for potentially significant hazards and hazardous
materials impacts.
Proof of compliance shall be submitted to the Planning Department prior to issuance of Grading
Permits.
20. Prior to development, the developer shall conduct an asbestos survey to determine the
presence or absence of asbestos-containing materials and submit the results to the City of
Bakersfield. If asbestos containing materials are found, abatement of asbestos shall be required
before any demolition activity that would disturb asbestos-containing materials or create an
airborne asbestos hazard is permitted. Asbestos removal shall be performed by a state-certified
asbestos containment contractor in accordance with San Joaquin Valley Air Pollution Control
District (SJVAPCD) Rule 8021, which requires:
. A survey of the facility prior to issuance of a permit by SJVAPCD; Mitigation for potentially
significant hazards and hazardous materials impacts.
. Notification of the SJVAPCD prior to construction activity; Mitigation for potentially significant
hazards and hazardous materials impacts.
· Removal of asbestos in accordance with prescribed procedures; Mitigation for potentially
significant hazards and hazardous materials impacts.
. Placement of collected asbestos in leak-tight containers or wrapping; and Mitigation for
potentially significant hazards and hazardous materials impacts.
. Proper disposal of the asbestos. Mitigation for potentially significant hazards and hazardous
materials impacts.
21. Prior to demolition, the applicant shall conduct a survey to determine the presence or absence
of leadbased paint and submit the results to the City of Bakersfield. If lead-based paint is found,
abatement shall be conducted before any demolition activities occur that would create a lead
dust or fume hazard. Lead-based paint removal shall be performed in accordance with
California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure
monitoring, and respiratory protection, and mandates good working practices by workers
exposed to lead. The person performing lead-based paint removal shall provide evidence of
certified training for lead-related construction work. Mitigation for potentially significant hazards
and hazardous materials impacts.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
22. Construction contractors shall conduct a pregrading meeting to discuss the risk associated with
exposure to fugitive dust that may contain cocci spores and the methods available to minimize
exposure including use of masks and implementing dust control measures. Mitigation for
potentially significant hazards and hazardous materials impacts.
23. Prior to issuance of building permits the applicant shall construct a 6-foot-high chain-link fence,
or equivalent barrier as determined by the advisory agency, shall be constructed between any
subdivision and the right-of-way line of any irrigation canal within or adjacent to the subdivision,
as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-b.
Mitigation for potentially significant hazards and hazardous materials impacts.
Hvdroloav
24. Prior to approval of a tract map by the Director of Public Works or his/her designee, the project
applicant shall confirm that the project plans stipulate that prior to issuance of any grading
permits, the project applicant shall file a Notice of Intent (NOI) and pay the appropriate fees,
pursuant to the NPDES program. Mitigation for potentially significant hydrology impacts.
25. Prior to approval of a tract map, the project contactor shall incorporate stormwater pollution
control measures into a SWPPP; BMPs shall be implemented; evidence that proper clearances
have been obtained through the SWRCB, including coverage under the NPDES statewide
General Stormwater Permit for Construction Activities, must be demonstrated; and a Standard
Urban Storm Water Mitigation Plan (SUSMP) shall be required as required in the NPDES permit
for the area of the project site draining to the Kern River. Mitigation for potentially significant
hydrology impacts.
26. Erosion control measures and temporary basins for desiltation and detention shall be in place,
as approved by the Director of Public Works. The basins and erosion control measures shall be
shown and specified on the grading plans and shall be constructed to the satisfaction of the
Director of Public Works prior to the start of any other grading operations. Mitigation for
potentially significant hydrology impacts.
Noise
27. Construction contractors shall comply with the standards outlined in Chapter 9.22 (Noise) of the
Municipal Code. Mitigation for potentially significant noise impacts.
28. Future subdivision maps filed within the project shall comply with the development standards
outlined in Chapter 17 (Zoning) and 16 (Subdivisions) of the City of Bakersfield Municipal Code.
Mitigation for potentially significant noise impacts.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
Public Services
29. Prior to issuance of grading permits, each Tentative Tract Map shall be reviewed by the City of
Bakersfield Fire and Police Department. Specific Department requirements for access, turning
movements, fire flow, hydrants, or other fire and life safety requirements shall be addressed.
Mitigation for potentially significant fire protection/emergency services and police protection
impacts.
30. Prior to issuance of building permit, the applicant for each Tentative Tract Map shall pay the
School Impact Fees. Mitigation for potentially significant fire protection/emergency services and
police protection impacts.
31. Prior to map recordation, the applicant for each Tentative Tract Map shall dedicate parkland or
pay in-lieu fees pursuant to Bakersfield Municipal Code Section 15.80. Mitigation for potentially
significant fire protection/emergency services and police protection impacts.
Traffic and Circulation
32. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for
review and approval to the City of Bakersfield Public Works Department. Such plan shall consist
of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists).
The TMP shall specify implementation timing of each plan element (prior notices, sign posting,
detours, etc.) as determined appropriate by the City Engineer. Adequate access to and from
adjacent residential areas shall be provided at all times. The TMP shall be reviewed and
approved by the City Police and Fire Departments so that construction does not interfere with
any emergency response or evacuation plans. Construction activities shall proceed in a timely
manner to minimize impacts. Mitigation for potentially significant traffic and circulation impacts.
33. During development, the project Contractor shall establish proper detours and warning signs to
ensure public safety. This includes the use of proper lighting (where appropriate); fencing and
shielding; proper storage of equipment and construction supplies; and covering loose piles of
soil, silt, clay, sand debris, or other earthen material. Mitigation for potentially significant traffic
and circulation impacts.
34. Each tract map filed by the developer within the Project boundary shall comply with the design
requirements identified in Chapter 16.28 of the Bakersfield Municipal Code pertaining to access,
roadway width, roadway length, and other roadway geometries. Mitigation for potentially
significant traffic and circulation impacts.
35. Prior to the recordation of the 200th residential unit on site for each phase of development,
secondary access shall be available to allow for adequate circulation and emergency access.
Each tract map filed by the developer within the Project boundary shall comply with the off-
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
street parking requirements identified in Chapter 17.58 of the Bakersfield Municipal Code.
Mitigation for potentially significant traffic and circulation impacts.
36. Prior to the issuance of building permits, the project applicant shall comply with the City's
Regional Transportation Impact Fee (RTIF) Program. In accordance with the standard
residential, commercial, and industrial per-lot rate. Mitigation for potentially significant traffic
and circulation impacts.
37. For impacted intersections subject to fair-share improvements (refer to Tables 5.13-14 and
5.13-15), the project Applicant shall participate in the improvements required on a pro-rata, fair-
share basis, as indicated in Table 5.13-14 and Table 5.13-15, Future Intersection Improvements
and Local Mitigation, prior to the issuance of building permits. Mitigation for potentially
significant traffic and circulation impacts.
Utilities
38. Prior to filing a final tract or parcel map, the developer shall record a covenant for each lot in the
subdivision that prohibits the export of groundwater from the subdivision expect by the water
purveyor that is serving the subdivision. Additionally, the developer shall pay City fees for
inspection of water facilities installed by the contractor and the City Water Availability Fees.
Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and
recordation of each map, based on the percentage of the gross acreage contained in that
particular map to be accepted and recorded, as compared to the total gross acreage within the
entire project. All water mains, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenant facilities shall be prepared by and/or approved by the City of Bakersfield. All
improvements must be installed or bonded prior to issuance of a letter guaranteeing the project
a water supply. Mitigation for potentially significant solid waste/landfill impacts.
39. During construction, the Contractor shall separate all project construction debris and
construction-related debris into recyclable and non recyclable items. All recyclable debris shall
be transported to appropriate recycling facilities so as to reduce waste disposed of at County
landfills. Additionally, recyclable materials and materials consistent with the waste-reduction
goals of the City shall be used in all aspects of construction, when possible. Mitigation for
potentially significant solid waste/landfill impacts.
40. Prior to issuance of any demolition permit, the project applicant shall submit, for review, a
Construction and Demolition Recycling Plan to the KCWMD. The Recycling Plan shall include a
plan to separate recyclable/reusable construction debris. The plan shall include the method the
contractor will use to haul recyclable materials and shall include the method and location of
material disposal. Mitigation for potentially significant solid waste/landfill impacts.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
41. After rough grading of the site, the Project Applicant shall bring all main lines adjacent to
roadways to the ultimate width. In addition, utility easements shall be readily available as
needed. Mitigation for potentially significant solid waste/landfill impacts.
42. Prior to approval of each tract map, the Applicant shall coordinate with PG&E staff to ensure
adequate facilities are incorporated into the project. Mitigation for potentially significant solid
waste/landfill impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina
43. A trail system is required for this project. With submittal of the first tentative subdivision
application, the applicant shall provide the Planning Director with a trails plan for approval by the
Planning Department. The trail cross section shall mirror the trail design approved for the Old
River Ranch Parks and Trails Specific Plan. Trail location and cross section diagram shall be
depicted on tentative and final maps. Consultation with staff prior to preparation of the trails plan
is recommended. For orderly development.
44. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee
in the amount of $2487 per dwelling unit for residential use and 35ct per square foot for
commercial/industrial use or the fees in effect at the time of building permit approval. If prior to
issuance of a building permit said fee is merged into the regional TIF program then payment of
the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is
imposed per City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within
Metropolitan Bakersfield. For orderly development.
Williamson Act Land Use Contract Cancellation
45. The applicant shall process and obtain approval of a contract cancellation through the
Responsible Agency with authority to cancel contracts or otherwise remove contracts, prior to
approval of a subdivision map creating parcels less than twenty acres in size or the issuance of
a building permit for any urban or non-agricultural uses. Prior to recordation of a subdivision
map, the applicant/developer shall provide proof to the City of Bakersfield Planning Department
that the required Williamson Act Land Use Contract fee as calculated by the Kern County
Assessor's Office, has been paid to the Kern County Treasurer. For orderly development.
Recreation and Parks
46. Prior to approval of a final subdivision for urban development, the subdivider shall enter into an
Agreement with the City of Bakersfield related to provision of parks.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
For orderly development and to satisfy park land requirement (BMC Ch 15.80) and park
development requirement (BMC Ch. 15.82)
Public Works
47. Along with the submittal of any development plan, prior to approval of improvement plans, or
with the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Buena Vista and Old River Roads to arterial
standards, Green and Curnow Roads to collector standards, and Taft Highway to
CalTrans standards for the full frontage of the area within the entire GPA request.
Dedications shall include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Dedication shall also include
sufficient width for trails in accordance with the approved Parks and Trails Plan for this
area. Submit a current title report with the dedication documents. For orderly
development.
b. Also provide fully executed dedication for Old River Road in front of the half-acre parcels
(APN 184-300-04 and 05). If it becomes necessary to obtain any off site right of way
and if the developer is unable to obtain the required right of way, then he shall pay to the
City the up-front costs for eminent domain proceedings and enter into an agreement and
post security for the purchase and improvement of said right of way. Unless
constructed prior to the development of this GPAlZC area, construction of improvements
for the west half of this portion of Old River Road will be required with the construction of
the frontage improvements. For orderly development.
c. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 3 sumps may be utilized to serve this area. The study shall be
approved and any required retention site and necessary easements dedicated to the
City. For orderly development.
d. Sewer service must be provided to the GPAlZC area. Submit a comprehensive sewer
study to be reviewed and approved by the City Engineer. The study shall be in
conformance with the Plant 3 Master Study. The developer shall be responsible for the
initial extension of the sewer line to serve the property. This sewer line must necessarily
be sized to serve a much larger area that the project area. The City is willing to aid the
developer in the formation of a Planned Sewer Area and/or an Assessment District to
provide a mechanism for the reimbursement of oversizing costs to the developer. For
orderly development.
e. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, all retention and detention basins
(sumps) shall have a mechanical device in the storm drain system to remove or
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
minimize the introduction of oil, grease, trash, and sediments to the sump. This device
shall be reviewed and approved by the City Engineer, and shall provide the greatest
benefit to the storm drain system with the least maintenance cost. For orderly
development.
f. The project applicant shall provide the City of Bakersfield with a phasing plan of the
onsite and any required offsite roadway improvements to be reviewed and approved by
the City Engineer. For orderly development.
g. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPAlZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The
developer is also responsible for the construction of any off site infrastructure required to
support this development, as identified in these conditions. For orderly development.
48. Additional roadway improvements shall be constructed on both Taft Highway and Old River
Road in front of the parcel at the southwest corner of this intersection (APN 184-300-03 and 12).
With the construction of improvements on Taft Highway, and additional east bound lane on Taft
Highway from the east boundary of the GPA area to the Old River Road intersection shall be
constructed. With the improvements on Old River Road, and additional south bound land on
Old River Road from the north boundary of the GPA area to Taft Highway. For orderly
development.
49. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated
Maintenance District with submittal of any development plan, tentative subdivision map, Site
Plan Review, or application for a lot line adjustment for any portion of this GPA area. For
orderly development.
50. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the GPAlZC request is required prior to recordation of any map or approval of
any improvement plan for the GPAlZC area. For orderly development.
51. Taft Highway is shown on the circulation Element as an Expressway. As such, access to Taft
Highway is strictly limited to arterial and collector intersections. No local street or driveway
access is allowed to Taft Highway from residential land uses. For orderly development.
52. The Taft Highway/OldRiver Road, Curnow Road and Engle Road crossings of the Stine Canal
needs widening or construction. Developer shall pay their proportionate share of the cost and
shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the
crossings. For orderly development.
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Exhibit B
GPAlZC No. 05-1420
Mitigation/Conditions of Approval
53. DEIR & Traffic Study Mitigation:
· Measures 5.13-7a (Regional Transportation Impact Fee - Regional Mitigation) Prior to the
issuance of building permits, the project applicant shall participate in the RTIF program
subject to the standard fees in effect at the time of development. For orderly development.
· Measure 5.13-7a (Local Mitigation) Prior to development estimates shall be submitted and
approved for impacted intersections and segments subject to fair share improvements (refer
to Tables 10 & 11 from the project traffic study). Applicant shall participate in the
improvements required on a pro-rata, fair share basis, and prior to the issuance of building
permits, based upon the approved estimates. For orderly development.
Citv Attornev
55. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners
or boards ("City" herein) against any and all liability, claims, actions, causes of action or
demands whatsoever against them, or any of them, before administrative or judicial tribunals of
any kind whatsoever, in any way arising from, the terms and provisions of this application,
including without limitation any CEQA approval or any related development approvals or
conditions whether imposed by the City, or not, except for CITY's sole active negligence or
willful misconduct
This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
. shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost
and expense of the Applicant and the City is not obligated to use any law firm or attorney
chosen by another entity or party.
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ORIGINAL
Exhibit C
Statement of Facts, Findings, and Mitigation Measures
This document is the same as shown in Exhibit "B" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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ORIGINAL
Exhibit 0
Statement of Overriding Considerations
This document is the same as shown in Exhibit "0" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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Exhibit E
Mitigation Monitoring and Reporting Program
This document is the same as shown in Exhibit "E" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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